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Tex. Civ. Prac. & Rem. Code § 16.031

ENCLOSED LAND

Applied in 2 court decisions — leading case Santa Fe Energy Operating Partners, L.P. v. Carrillo (1997)

Most recently applied in Brown v. Snider Industries, LLP (May 2017)

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff

(a) A tract of land that is owned by one person and that is entirely surrounded by land owned, claimed, or fenced by another is not considered enclosed by a fence that encloses any part of the surrounding land.

(b) Possession of the interior tract by the owner or claimant of the surrounding land is not peaceable and adverse possession as described by Section 16.026 unless:

(1) the interior tract is separated from the surrounding land by a fence; or

(2) at least one-tenth of the interior tract is cultivated and used for agricultural purposes or is used for manufacturing purposes.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.